RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  99-00944
            INDEX CODE:  111.02

            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Enlisted Performance Report (EPR) he has  provided,  rendered  for
the period 2 Jul 95 through 27  Nov  95,  be  added  to  his  official
personnel record.
_________________________________________________________________

APPLICANT CONTENDS THAT:

The report should be added to his record because of the error  in  the
number of days of supervision and an  EPR  should  have  been  written
covering this period.  He reported to his unit on 2  Jul  95  but  his
unit did not  update  the  computer  system  until  15  Aug  95,  thus
affecting the dates of his supervision.  He missed promotion to E-6 by
one (1) point, thus putting more impact on the EPR.

In support of his request, the applicant submits a personal statement,
the proposed EPR, copies of his AFR 31-11 applications, which  include
statements from the rater and final indorser of the proposed  EPR  and
additional  documents  associated  with  the  issues  cited   in   his
contentions.  These documents are appended at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System (PDS) reveals the
applicant contracted his initial enlistment in the Regular  Air  Force
on 18 Mar 81.  He has been progressively  promoted  to  the  grade  of
technical sergeant, with an effective date and date of rank of  1  Sep
97.

Applicant's EPR profile for the last 10 reporting periods follows:

            Period Ending    Evaluation

              12 May 91      4 - Ready for Promotion
              12 May 92      4
              12 May 93      5 - Ready for Immediate promotion
              12 May 94      5
              12 May 95      5
              12 May 96      5
              28 Mar 97      5
              28 Mar 98      5
              28 Mar 99      5

Similar appeals by the applicant, under Air Force Instruction (AFI) 36-
2401, were considered and denied by the Evaluation Report Appeal Board
(ERAB) on 31 Mar 97 and 31 Jul 97.
_________________________________________________________________

AIR FORCE EVALUATION:

The Inquiries/AFBCMR Section, HQ AFPC/DPPPWB, stated that  should  the
Board add the report  as  requested  and  providing  he  is  otherwise
eligible, the applicant will be  entitled  to  supplemental  promotion
consideration to the grade of technical sergeant (E-6) beginning  with
cycle 96E6, promotions effective Aug 96 - Jul 97.  It  is  noted  that
the applicant will become a selectee for promotion during  this  cycle
if the Board grants his request, pending a favorable data verification
check and the recommendation of  his  commander.   The  applicant  was
subsequently selected for promotion to E-6 during the 97E6  cycle  and
assumed the grade on 1 Sep 97.  They defer to  the  recommendation  of
AFMPC/DPPPAB (Exhibit C).

The Appeals and SSB Branch, HQ AFPC/DPPPA, reviewed  this  application
and recommended denial.  DPPPA stated that the two proposed  EPRs  the
applicant provided for submission to his  record  contain  conflicting
information.   In  addition,  the  commander  did  not  indicate   his
concurrence/nonconcurrence on the proposed  EPR  closing  22  Nov  95.
Additionally,  with  the  exception   of   changing   the   order   of
accomplishments and a few of the specific numbers,  DPPPA  noted  that
the 22 Nov 95 EPR, submitted to become a matter of record,  is  almost
verbatim of the applicant’s  12  May  96  EPR  (already  a  matter  of
record).  It is not appropriate to mention accomplishments achieved in
one reporting period again in a subsequent  one.   Without  convincing
material evidence to confirm the number of  days  of  supervision  was
incorrect, DPPPA stands  by  the  Evaluation  Reports  Appeal  Board’s
decision.  A complete copy of this evaluation is appended  at  Exhibit
D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant on  21
Jun 99 for review and response.  As of this date, no response has been
received by this office (Exhibit E).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice.   The  supporting  documents
provided by the rating chain were sufficient  to  convince  the  Board
that  the  applicant  suffered  an  injustice  as  a  result   of   an
administrative oversight  in  entering  his  reporting  date  and  the
transfer dates of supervision.  In this respect, we note that, due  to
the administrative errors, the applicant was denied an EPR during  the
transition of supervisors.  It is  our  opinion  that,  based  on  the
statements from applicant’s rating chain, the proposed EPR  accurately
reflects the supervision period and should be inserted in his  record.
We note however  that  inserting  the  proposed  EPR  will  result  in
overlapping reporting dates.  In order to rectify this discrepancy, we
believe the EPRs in conflict should be  corrected.   In  view  of  the
foregoing and having no basis to question the integrity of the  rating
chain, we recommend  that  the  applicant’s  record  be  corrected  as
indicated below.  In addition, we recommend that his corrected  record
be reconsidered for promotion to the grade of technical  sergeant  for
all cycles commencing with Cycle 96E6.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that:

      a.    The attached Enlisted Performance  Report,  AF  Form  910,
rendered for the period 2 Jul 95 through 27 Nov 95 be inserted in  his
record in the proper sequence.  Section I, Item 7 (period of  report),
of the Enlisted Performance Report, closing 27 Nov 95 was from “13 May
95” through “27 Nov 95” and Item 8 (number of days of supervision) was
“149.”

      b.    The Enlisted Performance Report, AF Form 910, rendered for
the period 13 May 95 through 12 May 96, be declared void  and  removed
from his records.

      c.    AF Form 77, Supplemental Evaluation  Sheet,  covering  the
period 28 Nov 95 through 12 May 96,  with  the  comments  “Report  not
available for the above period due to administrative reasons that were
not the fault of the member.” be placed in his record  in  its  proper
sequence.

It  is  further  recommended  that  he  be   provided   supplemental
consideration for promotion to the grade of technical  sergeant  for
all appropriate cycles beginning with Cycle 96E6.

If selected for promotion to the  grade  of  technical  sergeant  by
supplemental  consideration,   he   be   provided   any   additional
supplemental consideration required as a result of  that  selection,
if applicable.

If AFPC discovers  any  adverse  factors  during  or  subsequent  to
supplemental  consideration  that  are  separate  and   apart,   and
unrelated to the issues involved in  this  application,  that  would
have rendered the  applicant  ineligible  for  the  promotion,  such
information will be documented and presented  to  the  Board  for  a
final determination  on  the  individual's  qualifications  for  the
promotion.

If supplemental promotion consideration results in the selection for
promotion to the higher grade, immediately after such promotion  the
records shall be corrected to show  that  he  was  promoted  to  the
higher grade on the date of rank  established  by  the  supplemental
promotion and that he  is  entitled  to  all  pay,  allowances,  and
benefits of such grade as of that date.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 2 September 1999, under the provisions of AFI 36-
2603:

                  Terry A. Yonkers, Panel Chair
                  Dr. Gerald B. Kauvar, Member
              Mr. Joseph A. Roj, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 6 Apr 99, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPWB, dated 19 Apr 99.
   Exhibit D.  Letter, HQ AFPC/DPPPA, dated 1 Jun 99, w/atch.
   Exhibit E.  Letter, SAF/MIBR, dated 21 Jun 99.




                                   TERRY A. YONKERS
                                   Panel Chair





AFBCMR 99-00944

MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that:

            a.   The attached Enlisted Performance Report, AF Form 910,
rendered for the period 2 Jul 95 through 27 Nov 95 be inserted in his
record in the proper sequence.  Section I, Item 7 (period of report), of
the Enlisted Performance Report, closing 27 Nov 95 was from “13 May 95”
through “27 Nov 95” and Item 8 (number of days of supervision) was “149.”

            b.   The Enlisted Performance Report, AF Form 910,
rendered for the period 13 May 95 through 12 May 96, be, and hereby
is, declared void and removed from his records.

            c.   AF Form 77, Supplemental Evaluation Sheet, covering
the period 28 Nov 95 through 12 May 96, with the comments “Report not
available for the above period due to administrative reasons that were
not the fault of the member.” be placed in his record in its proper
sequence.

      It is further directed that he be provided supplemental
consideration for promotion to the grade of technical sergeant for all
appropriate cycles beginning with Cycle 96E6.

      If selected for promotion to the grade of technical sergeant by
supplemental consideration, he be provided any additional supplemental
consideration required as a result of that selection, if applicable.

      If AFPC discovers any adverse factors during or subsequent to
supplemental consideration that are separate and apart, and unrelated
to the issues involved in this application, that would have rendered
the applicant ineligible for the promotion, such information will be
documented and presented to the Board for a final determination on the
individual's qualifications for the promotion.

      If supplemental promotion consideration results in the selection
for promotion to the higher grade, immediately after such promotion
the records shall be corrected to show that he was promoted to the
higher grade on the date of rank established by the supplemental
promotion and that he is entitled to all pay, allowances, and benefits
of such grade as of that date.



            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

Attachment
EPR closing 27 Nov 95